Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 3) [2023] NSWSC 881

Supreme Court New South Wales

Medium Neutral Citation: Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 3) [2023] NSWSC 881 Hearing dates: 6 July 2023; further written submissions 14 and 21 July 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Cross-claimants entitled to Hungerfords damages as against second cross-defendant Catchwords: JUDGMENTS AND ORDERS – interest – award of as damages – Hungerfords interest damages – where breach of duty under Design and Building Practitioners Act 2020 admitted in relation to two defects – where such breaches caused delay in registration of strata plan and thus delay in sales of units CIVIL PROCEDURE – where issue raised by plaintiffs not dealt with in principal judgment Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Cases Cited: Hungerfords v Walker (1989) 171 CLR 125; [1989] HCA 8 Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 [2023] NSWSC 343 Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (No 2) [2023] NSWSC 680 The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44 The Owners-Strata Plan No 86807 v Crown Group Constructions Pty Ltd (No 2) [2023] NSWSC 520 Category: Consequential orders Parties: Oxford (NSW) Pty Ltd (Plaintiff/First Cross-Defendant) KR Properties Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965 (First Defendant/First Cross-Claimant) AS Coaching Pty Ltd atf Calm Properties Unit Trust ABN 19 756 796 114 trading as AK Properties Group ABN 62 971 068 965 (Second Defendant/Second Cross-Claimant) Elankeeren Eswaran (Third Defendant/Third Cross-Claimant) Ashay Sharma (Fourth Defendant/Fourth Cross-Claimant) Pierre Kazzi (Second Cross-Defendant) Representation: Counsel: A Cameron (Plaintiff/Cross-Defendants) J Horowitz (Defendants/Cross-Claimants)